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[15] [3]: 405 The action lay for the unlawful detention of ascertained chattels at the instance of a person who was entitled to have possession. The writ was a command to the defendant that he should deliver up to the plaintiff the chattels quae ei injuste detinet – "which he unlawfully withholds from him".
Detainer (from detain, Latin detinere); originally in British law, the act of keeping a person against his will, or the wrongful keeping of a person's goods, or other real or personal property. A writ of detainer was a form for the beginning of a personal action against a person already lodged within the walls of a prison ; it was superseded by ...
In turn, it was the California Practice Act that served as the foundation of the California Code of Civil Procedure. New York never enacted Field's proposed civil or political codes, and belatedly enacted his proposed penal and criminal procedure codes only after California, but they were the basis of the codes enacted by California in 1872. [11]
Part 2 of the Penal Code (Sections 681–1020) codifies the state's criminal procedure system. Part 3 of the Penal Code (Sections 2000–10007) codifies statutes governing the state's corrections system. Part 3 includes provisions governing the operation of the county jails and state prisons, as well as the administration of the death penalty.
The law originally was numbered § Penal Code 12276 was passed into law in 1989. It was renumbered in 2010 with the identical text. In 1999, Penal Code § 12276.1 was added to California State Law ("SB23"), defining assault weapons by characteristics. This law was renumbered in 2010 to the current Penal Code § 30515.
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
Regardless of category or specific offense, all valid crimes are required to have two elements: 1) an act committed or omitted In California, and 2) an articulated punishment as defined in Cal Penal Code 15. There are three different types of crimes and public offenses: Infractions; Misdemeanors; Felonies. [3]
Bernard Witkin's Summary of California Law, a legal treatise popular with California judges and lawyers. The Constitution of California is the foremost source of state law. Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Codes.
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